86 S.W. 1015

WOMACK 
v. 
STATE.

Court of Criminal Appeals of Texas.
April 26, 1905.

        Appeal from District Court, Freestone County; L. B. Cobb, Judge.
        Bob Womack was convicted of hog theft, and he appeals. Reversed.
        Daviss & Williford, for appellant. Howard Martin, Asst. Atty. Gen., for the State.
        BROOKS, J.
        Appellant was convicted of hog theft, and his punishment fixed at two years' confinement in the 
penitentiary.
        In the view we take of this case, it is only necessary to consider one question, to wit, the sufficiency 
of the evidence. Appellant took a pig of prosecutor, Gibson, at his special instance and request; and, when 
the pig was seen in the pen of appellant, he stated to prosecutor that he might have it, if he desired, and 
it was his pig. All the facts show there was no apparent intent to steal the pig. There must be a felonious 
intent in order to constitute theft. There is a total absence of such intent here. If the pig belonged to 
prosecutor—and this fact is seriously controverted by the evidence—then, at most, it would have only 
been embezzlement; but we do not think the evidence supports this.
        In any event, we hold that the evidence is not sufficient to support the verdict of the jury, and the 
judgment is reversed and the cause remanded.